The Committing Magistrate a Treatise On the Arrest Examination Bailing And C
The Committing Magistrate a Treatise On the Arrest Examination Bailing And C
Charles Andrew Flammer
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Arch. Cr. Pr. And PI. , p. 131, Pomeroy's Notes. T Code, § 792. To § 62. — How Guarded ; Probable Cause. By Coke claimed to be contrary to law, and by Lord Camden characterized as having crept into the law by im- perceptible practice, Lord Hale clearly establishes the legality of search warrants on the ground that, without them, felons would frequently escape detection. " Finally the process is recognized by statute and per- mitted to be executed in the daytime on proper complaint made on oath.... T The Constitution of the United States (substantially adopted in the Constitution of each of the several States), provides that the right of tjie people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no war- rant shall issue but upon probable cause supported by oath or affirmation and particularly describing the place to be searched and the person or thing to be seized. | The warrant ought also to name the person in whose building the stolen j^roperty is supposed to be.
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